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Top 7 Questions to Ask Your Estate Planning Attorney

Empowering You to Plan with Confidence

Whether you’re starting your estate plan or updating one that no longer reflects your life, choosing the right estate planning attorney—and knowing what to ask—is essential. A well-informed client is an empowered one. At Herbert Law Office, we believe that estate planning should be collaborative, transparent, and tailored to your unique situation.

Here are 7 essential questions to ask your estate planning attorney, especially here in California, where state-specific laws can have a big impact on your plan:

  1. What documents do I need for a complete estate plan in California?

A comprehensive California estate plan usually includes:

Be sure your attorney customizes these to your needs—not just a one-size-fits-all form.

  1. How will this plan help my family avoid probate?

California’s probate process can be costly and time-consuming. Ask how your plan is designed to keep your estate out of probate, whether through a trust, joint ownership, or beneficiary designations. Your attorney should also explain what actions you need to take now (like funding your trust) to make that strategy effective.

  1. How often should I update my estate plan?

Life changes—marriage, divorce, new children or grandchildren, moving, buying property, or changes in the law—can all affect your plan. Your attorney should help you understand when updates are needed and how to make them. In California, even changes in property tax laws (like Prop 19) can impact how your plan works for future generations. 

  1. What happens if I become incapacitated?

Planning for incapacity is just as important as planning for death. Make sure your estate plan addresses:

  • Who can manage your finances,
  • Who will make medical decisions as you want,
  • And whether your instructions are legally enforceable in California.
  1. Will my plan protect my children or beneficiaries from creditors, divorce, or bad decisions?

California does not offer asset protection by default, but your attorney may be able to help you include trust provisions that:

  • Delay distributions until beneficiaries reach a certain age,
  • Appoint third-party trustees,
  • Or create ongoing trusts to protect against divorce or financial mismanagement.
  1. What do I need to do after signing the documents?

An estate plan is only as good as its follow-through. In California, this might include:

  • Retitling real property into the name of your trust (and recording deeds with the county),
  • Updating beneficiary designations on life insurance and retirement accounts,
  • Providing copies or summaries to your named agents and trustees,
  • And making sure bank or investment accounts are correctly linked to your plan.

Make sure your attorney will walk you through those steps—or even assist with them.

At Herbert Law Office, we take care of the deed transfer and recording process for most clients as part of our estate planning package—because we know how crucial this step is, and we don’t leave it to chance.

  1. How do you ensure this plan stays effective with changes in the law?

Estate planning laws (federal and state) evolve. Your attorney should be up to date on:

  • Changes to estate tax exemptions,
  • California-specific property transfer rules,
  • And laws affecting fiduciary roles or healthcare directives.

Ask whether your firm offers review meetings or check-ins, and how they keep clients informed of important legal updates.

Final Thoughts

Estate planning is more than filling out paperwork—it’s a process of aligning your values, goals, and family dynamics into a legally sound, personalized plan. Asking the right questions helps you find the right attorney and ensures your plan works when your family needs it most.

At Herbert Law Office, we welcome your questions. In fact, we think they’re essential. If you’re ready to start or update your estate plan, we’re here to guide you every step of the way. Call us today at (661) 273-9007 to schedule your free consultation.